Acórdão nº 0224765 de Court of Appeal of Porto (Portugal), 21 de Fevereiro de 1990
Magistrado Responsável | EMIDIO TEIXEIRA |
Data da Resolução | 21 de Fevereiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A INCRIMINAÇÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART144 N2 ART145 N1. CCJ62 ART187 ART190 ART110.
Jurisprudência Nacional: AC STJ DE 1987/12/02 IN BMJ N372 PAG362.
Sumário: I - Nos recursos penais há dois impostos a pagar: a) um devido no tribunal " a quo " pela interposição de recurso ( artigo 190, do Código das Custas Judiciais ); b) outro no tribunal " ad quem ", o imposto-preparo ( artigo 187, do Código das Custas Judiciais ); II - Se o recorrente não paga, no prazo legal, que é de 7 dias após a interposição do recurso, o primeiro imposto, o recurso é julgado deserto; se não paga o imposto-preparo, o recurso fica sem efeito; III - Só relativamente a este imposto, nos tribunais superiores, se deve cumprir o artigo 110, do Código das Custas Judiciais, como se diz no número 3 do artigo 187 do mesmo Código; IV - Comete o crime previsto e punido pelas disposições conjugadas dos artigos 145, número 1 e 144, número 2, do Código Penal, o arguido que, com intenção de provocar lesões corporais, arremessa...
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